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I am a foster mother in ohio whos foster child was physically abused at daycare. The incident was caught on tape and broadcast by media. I has signed a intent to adopt but nothing is finalzed do i have any rights to file a law suit now or in the future for my child?

Asked on 3/25/09, 12:28 am

1 Answer from Attorneys

At this point in time you may or may not have the authority to file a lawsuit on the child's behalf. The question is who has legal custody of the child. The child has the right to bring an action for personal injury two years after his or her 18th birthday. So, depending on the age of the child, there is no immediate rush as far as the statute of limitations is concerned. That said, you do not want to wait too long. Is the defendant an establish professional daycare? If you have no fear the daycare could "disappear" suddenly, and you expect the adoption will be finalized in the near future, I would suggest you wait. Do you have a copy of the tape? If not, secure one asap. Feel free to contact me, if you have any questions.